Osages are receiving the notification in the mail of the Class Action status of the Fletcher Case and are being given the opportunity to opt out of the case if they wish.
In January of this year, federal judge Gregory Frizzell classified the Fletcher Case as a class action lawsuit and ordered the attorneys for the plaintiffs, William Fletcher and Charles Pratt, to send class action notice to all Native Americans enrolled in federally recognized tribes that receive distributions from the Osage trust, otherwise known as headright payments.
The case, which seeks an accounting from the United States, Department of the Interior, Secretary of the Interior, Bureau of Indian Affairs and the Assistant Secretary of the Interior, asks how much money from the Osage trust has gone to non-Native Americans.
The notice explains the merits of the case, class counsel representing the class, and explains how class members can opt out of the lawsuit.
What is the Fletcher lawsuit?
Attorneys for the plaintiffs in the Fletcher Case include Indian & Environmental Law Group, PLLC; Sneed Lang, PC; and Shield Law Group PLC. Amanda Proctor, owner of Shield Law Group and Osage tribal member, told the Osage Minerals Council in November that they were required by the judge to send notice to all Native Americans that receive a headright payment.
Osage Minerals Councilman Talee Redcorn asked Proctor to explain the intent of the Fletcher suit.
“This case is different from the Highest Posted Price case, because the Highest Posted Price was about whether the right payment had been made,” she said. “The Fletcher case asks whether the right payment was made to the right people. Our position is that non-Indians and institutions, and the various entities receiving payments were never eligible to receive those payments. At this point, we’re entering into an accounting phase where we’ll determine the amount paid to non-Indians.”
She said there are non-Indians that receive headright payments by lawful means, such as spouses or adopted children, and they are excluded.
Redcorn wanted to know the remedy they were seeking.
Proctor said the remedy they are seeking at this point is the accounting of how much has been paid to non-Indians. But eventually, “Termination, extinguishment of those shares that are in non-Indian hands which would make the pot greater for Indian shareholders.”
“We want the [Mineral] council’s input and guidance and participation to the extent as maximum as possible.”
She did not know how long it would be until the judge ruled in the case.
The Fletcher case first began in 2002 but has morphed and changed focus many times and has seen seven dismissals, three amended complaints, a first and second successful appeal to the U.S. 10th Circuit Court of Appeals. The 10th Circuit Court of Appeals reversed a district court ruling that sent the case to Frizzell.
Frizzell certified the case as a class-action lawsuit on Jan. 31.
Opting out as a class member
If a member decides to opt out, they must notify class counsel by March 2, 2015.
Those who opt out will not receive a monetary reward if the judge awards one to the plaintiffs. However, they will keep their right to sue the defendants. To opt out, an Exclusion Request Form must be submitted in writing to class counsel.
Staying a class member
If a Class member decides to stay in the Class, they don’t have to do anything at all. If the plaintiffs win a monetary reward they will share in the reward. If the plaintiffs lose, the Class member cannot sue, continue to sue, any of the defendants in the case. Class members are not required to attend hearings but are welcome to do so. If a monetary reward is awarded to the plaintiffs, all class members will be notified.
Need more information or an Exclusion Request Form, contact:
Administrator Osage Headright Class Action
c/o Indian & Environmental Law Group
1723 E. 15th Street, Suite 100
Tulsa, OK 74104
(918) 347-6169
To download a copy of the class action notice:
By
Shannon Shaw Duty
Original Publish Date: 2014-12-05 00:00:00